Idaho Code
Idaho Code § 19-615 (2026)
Procedure upon arrest without warrant.
✓ current as of May 2026
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Procedure upon arrest without warrant.
When an arrest is made without a warrant by a peace officer or private person the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and an information, stating the charge against the person, must be laid before such magistrate.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1955–2024 · leading case: State v. Wyman, 547 P.2d 531 (Idaho 1976).
State v. Wyman, 547 P.2d 531 (Idaho 1976). “After working approximately twelve hours, appellant Wyman left his place of employment at 10:30 p.m., December 1, 1972, and went to a trailer house occupied by himself and June Diggs, the deceased, in Garden City, Ada County, Idaho.”
State v. Bainbridge, 787 P.2d 231 (Idaho 1990). “I.C. § 19-615. As to the requirements of notifying the defendant of his right to counsel, Idaho Code Section 19-853 provides in part as follows: If a person who is being detained by a law enforcement officer, or who is under formal charge of having committed, or is being…”
State v. Monroe, 645 P.2d 363 (Idaho 1982). “See I.C. §§ 19-615; I.C.R. 5; I.C. § 19-853. The sequence of events that occurred after Monroe was taken from his jail cell to the interrogation room cannot be divided into minute time sequences so that a particular sequence can be isolated as standing for the proof that it was…”
State v. Knapp, 815 P.2d 1083 (Idaho Ct. App. 1991). “Idaho Code § 19-615 requires that a person arrested without a warrant must be taken before a magistrate without unreasonable delay.”
State v. LaMere, 655 P.2d 46 (Idaho 1982). “19-853(e) invalidates the statements made by the defendant while in police custody on October 23rd, 1978, and furthermore, the delay in taking the defendant before a Magistrate in violation of Idaho Code Section 19-615 and Idaho Criminal Rule 5(a) deprive such statements of the…”
State v. Padilla, 620 P.2d 286 (Idaho 1980). “I.C. § 19-615. A statement taken from a defendant during an "unnecessary delay" may be inadmissible at trial.”
State v. Fowler, 674 P.2d 432 (Idaho Ct. App. 1983). “UNNECESSARY DELAY Idaho Code § 19-615 states: *13 When an arrest is made without a warrant by a peace officer or private person the person arrested must, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is…”
Susan Hallstrom Robert Hallstrom v. City of Garden City Randy W. Snapp Sgt. Thurston Vaughn Killeen, Sheriff Mike Roberts, 991 F.2d 1473 (9th Cir. 1993). “” Idaho Code § 19-615 (1987). Where an arrest is made for “any misdemeanor violation of the [motor vehicle laws]” and the arrested person “does not furnish satisfactory evidence of identity,” the arresting officer has the option of issuing a traffic citation (and releasing the…”
State v. Thomasson, 832 P.2d 743 (Idaho 1992). “He contended that the videotape violated I.C. § 19-615. On January 15, 1990, the motion to suppress was denied.”
State v. Bedwell, 286 P.2d 641 (Idaho 1955). “I.C. § 19-615. Appellant cannot take advantage of the complained of irregularity in the manner attempted.”
Jenkins v. Chief Just. of the Dist. Court Dept., 619 N.E.2d 324 (Mass. 1993). “§ 23-562 (c) (1) (1989); Idaho Code § 19-615 (1987); Ill. Rev. Stat.”
Antelope v. George, 211 F. Supp. 657 (D. Idaho 1962). “§ 19-608); she was not taken without delay to the nearest or most accessible magistrate in the county where the arrest was made (I.C. § 19-615); while the offense was allegedly committed in defendant’s presence (I.”
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